How does a property settlement occur?

By |2020-04-23T06:31:00+00:00April 1, 2016|Family Law Matters|

Property division can be a tiresome, complex and stressful exercise that can often be the driving factor of a dispute between estranged couples. How exactly property will be split between the parties and who has rights over specific chattels can be a drawn out process of negotiation and Court appearances. There are several ways that assets can be distributed after the breakdown of a relationship and in all matters, parties will choose to cooperate at different levels. In some cases, the lucky few, parties will simply come to an arrangement about which particular asset will be kept by each side [...]

Am I able to apply for a divorce?

By |2020-04-23T06:30:58+00:00February 1, 2016|Family Law Matters|

One of the single most stressful events that occur in anyone’s life is when a couple reaches a point in their relationship beyond a state of repair. At the point of commencement of a relationship, no one expects or foresees that life together with their partner may come to an abrupt conclusion. Going through a divorce can be troublesome for many – on top of the pain associated with the breakdown of a once loving relationship, there is the daunting task of facing the complexities of the legal system. This can often lead to a great deal of frustration as you [...]

What is Family Dispute Resolution?

By |2020-04-08T04:33:00+00:00December 1, 2015|Commercial Law, Family Law Matters|

CBD Family Lawyers actively encourages all of our clients to take part in Family Dispute Resolution (‘FDR’) as a way of resolving family law disputes without the need of  intervention by the Family Law Courts. FDR is a voluntary process that allows both parties to attend mediation to discuss both parenting and financial issues. Prior to commencing Family Law proceedings, it is necessary for parents to make a genuine effort to resolve their dispute and attend FDR. Relationships Australia is an organisation that specialises in facilitating FDR and can accomplish the difficult task of having parents consider the impact of [...]

How will my assets be divided?

By |2020-04-08T04:30:50+00:00October 1, 2015|Blog, Family Law Matters|

In making decisions about how to proceed in a separation, it is crucial to have an understanding of how the Court divides the property of a relationship, and what types of things it will consider in arriving at what it views as being a just and equitable settlement of assets and liabilities. A key feature of the Court’s approach is working out each party’s contributions to the relationship’s assets. It recognises three types of contributions being Direct Financial Contributions, Non-Financial Contributions and Indirect Financial Contributions. Direct Financial Contributions First, the net property of the parties available for division must be [...]

What impact will separation have on the children?

By |2020-04-08T04:31:15+00:00June 1, 2015|Blog, Family Law Matters|

The Australian Bureau of Statistics (ABS) reports that in 2013 the average age of males who had filed for a divorce was 44.8 years, while the average age of females was 42.2 years. At this stage in a relationship, it is often the case that couples have children who will inevitably be witness to the separation process. It has been proven that any short or long term form of parental separation can have devastating effects upon children to the relationship. Amongst the many adverse effects that a child may be subject to, they may often feel a sense of confusion [...]